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- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-611
- --------
- KEYTON E. BARKER and PAULINE BARKER, et al.,
- PETITIONERS v. KANSAS et al.
- on writ of certiorari to the supreme court of
- kansas
- [April 21, 1992]
-
- Justice Stevens, with whom Justice Thomas joins,
- concurring.
- While I agree with the Court's explanation of why this
- case is controlled by Davis v. Michigan Dept. of Treasury,
- 489 U. S. 803 (1989), I remain convinced that that case
- seriously misapplied the doctrine of intergovernmental tax
- immunity. A state tax burden that is shared equally by
- federal retirees and the vast majority of the State's citizens
- does not discriminate against those retirees. See id., at
- 823-824 (Stevens, J., dissenting). The Federal Govern-
- ment has a legitimate interest in protecting its employees
- from disparate treatment, but federal judges should not be
- able to claim a tax exemption simply because a State
- decides to give such a benefit to the members of its judi-
- ciary instead of raising their salaries. I write separately to
- make this point because what I regard as this Court's
- perverse application of the nondiscrimination principle is
- subject to review and correction by Congress. See Pruden-
- tial Insurance Co. v. Benjamin, 328 U. S. 408 (1946).
-